Alternative Dispute Resolution

In Nevada, as in the U.S., there are two primary means of alternative dispute resolution (ADR) utilized by those in the legal system.

The first is arbitration, where a lawyer or a judge oversees a case, generally in a more casual and more abbreviated hearing than one would find at a jury trial. Many Nevada arbitrations typically take a half day to a full day. They are contested hearings with relaxed rules of evidence. The arbitrator makes a decision on the case once evidence is heard. Appeals are frequently possible depending on the nature of the arbitration.

The second form of ADR is mediation, a non-binding process where the parties “break out” into separate rooms. The mediator, usually a lawyer or a judge, goes back and forth between the parties to attempt to negotiate settlement. If the parties cannot agree on settlement, the case proceeds within the contested litigation system.